03.22.22

Judge Jackson Failed To Oppose The Far Left’s Radical Court Packing Schemes

Asked By Sen. Grassley, Judge Jackson Refused To Even Address Democrat Schemes To Pack The Supreme Court With Partisans, Despite Sitting Justices Having Given Their Views On How Bad An Idea That Would Be

 

SEN. CHUCK GRASSLEY (R-IA), Senate Judiciary Committee Ranking Member: “On this same subject, I want to point out a difference between you and a couple people who have sat on the Supreme Court…. Court packing is creating new seats for political purposes for a president to appoint more judges. Do you agree with Justice Breyer and Justice Ginsburg that court packing is a ‘bad idea?’ Before you respond, I would like to say, you say this question should be left to Congress as a policy issue. I reiterate that sitting Supreme Court justices have spoken on that matter so I don’t think it would be inappropriate to you to do if other people sitting there have said that it is a bad idea.”
JUDGE KETANJI BROWN JACKSON: “Well, respectfully, senator, other nominees to the Supreme Court have responded as I will, which is that it is a policy question for Congress. And I am particularly mindful of not speaking to policy issues because I am so committed to staying in my lane of the system. I am just not willing to speak to issues that are properly in the province of this body.” (U.S. Senate Judiciary Committee Hearing, 3/22/2022)

 

In Stark Contrast, Justice Stephen Breyer, Whom Judge Jackson Hopes To Succeed, Warned Against Court Packing, Explaining That It Would Undermine The Institution Of The Supreme Court And Destroy Public Trust In It

“Justice Stephen Breyer on Tuesday said liberal advocates of big changes at the Supreme Court, including expanding the number of justices, should think ‘long and hard’ about what they’re proposing. Politically driven change could diminish the trust Americans place in the court, Breyer said in the prepared text of a long speech he gave remotely Tuesday to Harvard Law School students, faculty and alumni.” (“Breyer Says Big Supreme Court Changes Could Diminish Trust,” The Associated Press, 4/06/2021)

“Emphasizing that the Supreme Court’s authority hinges on the public’s trust in the court, Justice Stephen Breyer used a speech on Tuesday at Harvard Law School to argue against efforts to expand the number of seats on the Supreme Court. The 82-year-old Breyer contended that public trust in the court rests in the public’s perception that ‘the court is guided by legal principle, not politics’ and would therefore be eroded if the court’s structure were changed in response to concerns about the influence of politics on the Supreme Court.” (Amy Howe, “In Harvard Speech, Breyer Speaks Out Against ‘Court Packing,’” SCOTUSblog, 4/07/2021)

JUSTICE BREYER: “This lecture … reflects my own effort to be certain that those who debate [reform] proposals also consider an important institutional point, namely how would ‘court packing’ reflect and affect the rule of law itself.” (“Supreme Court Justice Stephen G. Breyer Cautions Against ‘The Peril Of Politics,’” Harvard Law Today, 4/07/2021)

“Justice Breyer, speaking at Harvard Law School on Tuesday, said he hoped ‘to make those whose initial instincts may favor important structural (or other similar institutional) changes, such as forms of “court-packing,” think long and hard before embodying those changes in law,’ according to prepared remarks publicly released …” (“Justice Breyer Lays Out Opposition to Expanding Supreme Court,” The Wall Street Journal, 4/07/2021)

 

The Late Justice Ruth Bader Ginsburg Made A Full-Throated Condemnation Of Proposals To Pack The Supreme Court: ‘If Anything Would Make The Court Look Partisan It Would Be That’

“Justice Ruth Bader Ginsburg said this week that she opposes proposals to expand the Supreme Court beyond its current nine members, a step that some Democratic presidential candidates have pushed …” (“Ginsburg Opposes 2020 Democrats’ Proposals To Expand Supreme Court,” Politico, 7/24/2019)

“Roosevelt’s proposal would have given him six additional Supreme Court appointments, expanding the court to 15 members. And Ginsburg sees any similar plan as very damaging to the court and the country.” (“Justice Ginsburg: ‘I Am Very Much Alive,’” NPR, 7/24/2019)

  • “That impairs the idea of an independent judiciary, she said. ‘We are blessed in the way no other judiciary in the world is,’ she noted. ‘We have life tenure. The only way to get rid of a federal judge is by impeachment. Congress can’t retaliate by reducing our salary, so the safeguards for judicial independence in this country, I think, are as great or greater than anyplace else in the world.’” (“Justice Ginsburg: ‘I Am Very Much Alive,’” NPR, 7/24/2019)

 

Sadly, This Is Not A Hypothetical Issue: Democrats Have Introduced Legislation In Both Houses Of Congress To Pack The Supreme Court With Partisan Ideologues

In April of last year, Sen. Ed Markey (D-MA) introduced his radical bill to pack the Supreme Court, S. 1141. (S.1141, 117th Congress)

  • The bill is cosponsored by former presidential candidate Sen. Elizabeth Warren (D-MA) and Sen. Tina Smith (D-MN). (S.1141, 117th Congress)

A group of House Democrats also introduced a companion bill to pack the Supreme Court, H.R. 2584. (H.R.2584, 117th Congress)

  • Among them are SEVEN House Committee chairs: Rep. Jerry Nadler (D-NY), House Judiciary Committee; Rep. John Yarmuth (D-KY), House Budget Committee; Rep. Maxine Waters (D-CA), House Financial Services Committee; Rep. Raul Grijalva (D-AZ), House Natural Resources Committee; Rep. Nydia Velazquez (D-NY); Rep. Carolyn Maloney (D-NY), House Oversight Committee; and Rep. Mark Takano (D-CA), House Veterans’ Affairs Committee. (H.R.2584, 117th Congress)
  • The bill is also cosponsored by far-left House Democrats including Reps. Mondiare Jones (D-NY), Cori Bush (D-MO), Rashida Tlaib (D-MI). Ilhan Omar (D-MN), Mark Pocan (D-WI), Jamaal Bowman (D-NY), Ayanna Pressley (D-MA), and Alexandria Ocasio-Cortez (D-NY). (H.R.2584, 117th Congress)

Markey, The Senate Sponsor, Even Called On Democrats To Use A Partisan Power Grab In The Legislative Branch To Facilitate An Extreme Partisan Power Grab Of The Judicial Branch

SEN. ED MARKEY (D-MA): “This legislation will restore the Court’s balance and public standing and begin to repair the damage done to our judiciary and democracy, and we should abolish the filibuster to ensure we can pass it.” (Sen. Markey, Press Release, 4/15/2021)

The Democrats Introducing This Assault On An Independent Judiciary Weren’t Even Shy About Describing Its Purely Partisan Nature

“A group of House and Senate Democrats on Thursday introduced legislation to expand the Supreme Court from 9 members to 13, trying to spur momentum for the first change in the makeup of the court in 150 years.” (The New York Times, 4/15/2021)

SEN. ED MARKEY (D-MA): “We are here today because the United States Supreme Court is broken. It is out of balance, and it needs to be fixed… And we do it by adding four seats to Court to create a thirteen member Supreme Court. These four new seats, to be filled by President Biden, will reconstitute the United States Supreme Court.” (Sen. Markey, Press Conference, 4/15/2021)

 

Senate Democrats Have Encouraged The Far-Left Push For Court Packing By Refusing To Disavow It And Through Repeated Statements Signaling Their Receptiveness To It

SEN. TOM COTTON (R-AR): “[L]ast year, in certain fringe quarters of the Democratic Party, it seemed popular to call for packing the Supreme Court, for expanding the number of justices on the Court… Now, obviously, all Republicans oppose such a radical idea. … I offer a simple amendment, an amendment that is backed by famous liberals … that we should not pack the Supreme Court. ... So I would invite my Democratic colleagues who have said they don’t want to pack the court to simply waive this point of order and let’s have an up-or-down vote on one of the most fundamental tenets of the rule of law: that you do not pack the courts because you don’t like the way they rule.” (Sen. Cotton, Congressional Record, S.448, 2/05/2021)

All 50 Senate Democrats voted against Sen. Cotton’s amendment, leaving an avenue open for them to potentially pack the Supreme Court. (S.Amdt.66, S.Con.Res.5, Roll Call Vote #36: Motion Rejected 50-50: D 0-48; R 50-0; I 0-2, 2/05/2021)

Prominent Democrats Have Repeatedly Left The Door Open To Pack The Supreme Court: ‘I’m Absolutely Open To It,’ ‘This Is Long Overdue Court Reform As Far As I’m Concerned,’ ‘Everything Is On The Table’

THEN-SEN. KAMALA HARRIS (D-CA): “We are on the verge of a crisis of confidence in the Supreme Court… We have to take this challenge head on, and everything is on the table to do that.” (“2020 Dems Warm To Expanding Supreme Court,” Politico, 3/18/2020)

HOUSE SPEAKER NANCY PELOSI (D-CA): “I think it’s [expanding the Supreme Court] an idea that should be considered and I think the president is taking the right approach to have a commission to study such a thing. It’s a big step. It’s not out of the question. It has been done before in the history of our country a long time ago. And the growth of our country--the size of our country, the growth of our challenges and terms of the economy, etcetera might necessitate such a thing.” (Speaker Pelosi, Press Conference, 4/15/2021)

REPORTER: “Senator, if Biden wins the election, should he add more Supreme Court justices?”
SEN. CHUCK SCHUMER (D-NY): “It will be a decision that is -- comes to the Senate. We first have to win the majority before that can happen. But once we win the majority, god willing, everything is on the table.”
REPORTER: “Senator, just to follow up on that, at this time, do you consider abolishing the filibuster.”
SCHUMER: “We first have to win the majority. If we don’t win the majority, these questions are all moot. If we win the majority, everything is on the table.” (Sen. Schumer, Press Conference, 9/20/2020)

  • SCHUMER: “All I’ve said is our first job is to get the majority back and everything is on the table. But it was – everything is on the table. We are going to look at how we can produce change. … Everything is on the table. My Senate Democratic colleagues and candidates know America needs some change and we’re going to figure out the best way to do it.” (Sen. Schumer, Press Conference, 9/22/2020)

“Sen. Mazie Hirono, D-Hawaii, said she has been ‘talking with people who have different ideas about what we can do — including adding to the court, including having certain circuit court judges cycle in and other ideas’ like term limits. ‘I’m open to those kinds of suggestions,’ she said.” (“Democrats Warn GOP: Don’t Fill A Supreme Court Vacancy In 2020 Or We’ll Retaliate,” NBC News, 8/3/2020)

CNN’s JOHN BERMAN: “Joe Biden was asked last night repeatedly if he wins the election, would he favor adding more justices in the Supreme Court. He would not answer that question. Where do you stand on that?”
SEN. MAZIE HIRONO (D-HI): “This is long overdue court reform as far as I’m concerned and I have been thinking about court reform and what we can do regarding the Supreme Court to make it so much more objective. And so, this is not something that a lot of us have not thought about.”
BERMAN: “Joe Biden would not take a position on adding justices to the court last night. What do you feel like you need to here from him on that subject?”
HIRONO: “What I get from Joe Biden is, first and foremost, he has to get elected. Let’s keep our eye on the ball. … So, first and foremost, Joe Biden has to get elected. Kamala Harris has to get elected. Democrats need to get elected to the Senate. We need to take back the Senate so we can address some of the hypothetical things you’re taking about which I have been thinking about for years now.” (CNN, 9/22/2020)

  • HIRONO: “In the meantime we are going to explore every avenue to stop Mitch McConnell from stealing yet another Supreme Court seat.”
    MSNBC’s JOY REID: “And does that include potentially making it clear that Democrats will vote on D.C. statehood and Puerto Rico statehood immediately upon taking power and taking control of the Senate? That expanding the Supreme Court as Neal Katyal and others have said would be a completely legitimate response, saying, okay, there will be 15 seats on the Supreme Court now. That’s going to happen if he goes for this and in getting rid of the filibuster in the next United States Senate?”

HIRONO: “All of those matters will be on the agenda.” (MSNBC’s “AM Joy,” 9/19/2020)

SEN. CORY BOOKER (D-NJ): “I’m taking nothing off the table.” (The Washington Post, Accessed 9/18/2019)

SEN. TIM KAINE (D-VA): “[I]f they act in such a way, they may push it [expanding the Supreme Court] to an inevitability. So they need to be careful about that.” (“Democrats Warn GOP: Don’t Fill A Supreme Court Vacancy In 2020 Or We’ll Retaliate,” NBC News, 8/3/2020)

 

Demand Justice, The Dark Money Group That Has Spent Years Advocating For Judge Jackson, Is One Of The Most Vociferous Groups On The Left Calling For Packing The Supreme Court

DEMAND JUSTICE: “With a 6-3 Republican supermajority, the Supreme Court is too biased in favor of special interests and Republican politicians. Our democracy is at risk from decisions that suppress the right to vote. Adding four seats is the solution—and we need your help to get it done. Congress can change the number of justices on the Court at any time with a simple piece of legislation, and it has done so many times throughout American history. Now, top Democrats have introduced a bill to add seats and restore balance, and more than 40 members of Congress have signed on in support.” (Demand Justice, Accessed 1/31/2022)

BRIAN FALLON: “At Demand Justice, we strongly believe that reforming the court — especially by expanding it — is the cornerstone for re-building American democracy… We are thrilled to work in coalition with the team at Pack the Courts to undo the politicization of the judiciary.” (“Progressive Activists Push 2020 Dems To Pack Supreme Court,” Politico, 2/25/2019)

  • FALLON: “We need reform of the third branch of the government. We must look at expanding the number of justices on the Court to ensure a future Democratic president has the chance to fill two or more seats on the Court.” (Brian Fallon, Remarks, 12/05/2018)

Demand Justice Endorsed, And Even Paid For Ads To Promote, A Radical Piece Of Legislation To Pack The Supreme Court

Brian Fallon and Demand Justice endorsed legislation introduced by far-left Democrats, including Sen. Ed Markey (D-MA), to pack the Supreme Court. (Sen. Markey, Press Release, 4/15/2021)

  • FALLON: “Democrats are officially done being complacent about the courts…. Our goal is to build consensus for this plan as quickly as we have seen Democrats align around the need to abolish the Senate filibuster. Expanding the Court is every bit as necessary for restoring our democracy.”  (Sen. Markey, Press Release, 4/15/2021)

“Demand Justice will begin a six-figure television advertising campaign in support of a new bill to add four seats to the Supreme Court. The ad features video of two of the bill’s sponsors at a press conference on the steps of the Supreme Court. The announcements follow the introduction of The Judiciary Act of 2021, a bill to add four seats to the Supreme Court, sponsored by House Judiciary Committee Chair Jerry Nadler, House Judiciary Courts Subcommittee Chair Hank Johnson, House Judiciary Courts Subcommittee Vice Chair Mondaire Jones, and Senator Ed Markey. On Saturday, Demand Justice hosted an organizing call featuring remarks from Sen. Markey and Rep. Jones and co-sponsored by Black Lives Matter Global Network, Indivisible, and Sunrise Movement.” (Demand Justice, Press Release, 4/20/2021)

Demand Justice Also Spent More Than A Million Dollars ‘Aimed At Pressuring Democrats In Congress To Support’ Court Packing

“A progressive judicial advocacy group announced Wednesday that it is launching a $1.5 million grassroots program aimed at pressuring Democrats in Congress to support legislation adding seats to the U.S. Supreme Court. Demand Justice’s plans include hiring an in-house team of six people, working with Bernie Sanders’ 2016 presidential campaign strategist Becky Bond, and organizing an in-person lobby day on Capitol Hill in October …” (“Progressive Judicial Group Launches $1.5 Million Effort To Expand Supreme Court,” Huffington Post, 9/08/2021)

Demand Justice Is Working With Other Far-Left Groups To Promote Packing The Court, Based On Their Assumption That Adding New Partisan Justices Would Immediately Give Progressives Political Victories

DEMAND JUSTICE CO-FOUNDER AND CHIEF COUNSEL CHRISTOPHER KANG: “Even if you could do term limits, if you could do it tomorrow, it doesn’t help pregnant people in Texas right now, or in Mississippi or across the country. It doesn’t help Black voters in Georgia.… The only thing that is actually going to provide balance to the court and do something in the near term is Supreme Court expansion.” (“More Democratic Senators Are Willing To Weigh Changes To Supreme Court,” The Washington Post, 12/02/2021)

“‘The docket [in 2022] is going to help make the case for why the court is an urgent issue,’ said Brian Fallon, executive director of Demand Justice. Demand Justice is planning to team with March for Our Lives, a student-led group supporting gun-control legislation, which it approached after the high court granted a concealed carry case for the term beginning in October, New York State Rifle and Pistol Association v. Corlett. Fallon said Demand Justice also is working with Sunrise Movement, a youth climate change group. ‘There’s a lot of relatively new, young insurgent-minded groups, and we just want to sort of suffuse the argument about the court and the need for court reform into their narrative about what’s broken as it affects their particular issue,’ Fallon said.” (“Progressives Look to Next Term to Keep Focus on Supreme Court,” Bloomberg Law, 7/23/2021)

 

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SENATE REPUBLICAN COMMUNICATIONS CENTER

Related Issues: Supreme Court, Senate Democrats, House Democrats, Judicial Nominations